Should the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only accomplished Should the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence and the petitioner company responded to your allegations therefore they were well aware of the allegations and led the evidence as such this point is ofno use for being looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today educational writers are sometimes cited in legal argument and decisions as persuasive authority; normally, They may be cited when judges are attempting to apply reasoning that other courts have not still adopted, or when the judge believes the educational's restatement of the legislation is more compelling than is often found in case law. Consequently common law systems are adopting among the list of ways extensive-held in civil legislation jurisdictions.
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This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained through the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever arrived at, the Court may interfere with the summary or perhaps the finding and mold the relief to make it suitable towards the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. Over the aforesaid proposition, we've been fortified with the decision on the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts usually do not have direct oversight over the lower courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments from the decreased courts.
All executive and judicial authorities throughout Pakistan are obligated to act in assist from the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has long been attained, the decision of your Supreme Court needs being taken care of as directed in terms of Article 187(2) with the Constitution. Read more
Many judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name within the ECL based around the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely-settled that whilst looking at the case of normal promotion of civil servants, the competent authority must take into account the merit of the many qualified candidates and after due deliberations, to grant promotion to these qualified candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues website who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
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The Cornell Legislation School website offers a variety of information on legal topics, like citation of case regulation, as well as presents a video tutorial on case citation.
The different roles of case legislation in civil and common regulation traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the broader legal principles.
8. For that reasons stated previously mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Consequently acceded to. All pending applications, if any, are dismissed. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more